'Appropriate punishment to convict a pious duty of court of justice': CBI judge cites Manusmriti while sentencing rape accused

A special CBI judge gives lifer to a 50-year-old 'English teacher' for raping an 18-year-old student on the pretext of helping her pursue higher studies abroad.

Ahmedabad: Quoting highly contentious ancient book Manusmriti while sentencing a man to life imprisonment until death for raping a student on the pretext of helping her in higher studies, a special CBI judge on Tuesday observed that "appropriate punishment to the convict is a pious duty of the court of justice."

Special CBI judge Dharmaendrasinh G Rana noted this while holding the 'English teacher' Dhaval Trivedi guilty of raping an 18-year-old student. Trivedi was arrested by CBI following a manhunt from Himachal Pradesh two years after he eloped with the student he was coaching here in Gujarat. Investigation had found that he worked in remote rural areas as an English teacher where he lured many other girls.

The court held that Trivedi exploited the victim pretending to be an "educator and mentor" and "preyed upon the trust of an 18-year-old student, lured her into a web of deceit, abducted her under false pretence, and subjected her to sexual exploitation, ultimately leading to her impregnation and giving birth to his child."

Trivedi had already been convicted in another sexual assault case under POCSO Act for life. The court said, "Considering the heinous nature of the offence, the previous conviction of the accused, and the absence of any mitigating factors strong enough to justify lesser punishment, this court finds it appropriate to impose life imprisonment for the remainder of the convict’s natural life."

While giving his reasoning for the quantum of sentence, the special CBI judge wrote, "It is not out of place to incorporate the verse of the great epic, Valmiki Ramayana, wherein duty cast upon king to inflict appropriate punishment, it mentioned hereunder:

"If a person commits a sin and suffers the punishment given by the king, then he becomes pure and goes to heaven like a pious saint. When a thief or sinner appears before the king, then the king may punish him or let him go with mercy. A thief or other sinner becomes free from his sin; but if the king does not give the sinner the right and appropriate punishment, then the king himself has to suffer the consequences of sin committed by the sinner."

The court attributed the verses referred to by Lord Rama taken from "ancient lawbook Manusmriti" to conclude that "appropriate punishment to the convict is a pious duty of the court of justice." Rana also cited observations of the Supreme Court to reason that "courts would fail in its duty if appropriate punishment is not awarded."

The special judge held that Trivedi was not a novice and had been punished for similar charges in the past, and therefore, "there was no question of showing any leniency".

Trivedi after being sentenced to life in the POCSO case had jumped parole and started a coaching centre using fake identity where he had met the victim.

The Gujarat High Court had handed over the investigation to the CBI after local police couldn't trace Trivedi.